BANI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is application by appellant filed under Section 5 of the Limitation Act, for condonation of delay of 438 days in filing the appeal.

(2.) It is alleged in the application that suit filed by the plaintiff appellant was decreed by the trial court on 10.12.2007, but first appeal preferred by defendants-respondents was allowed by learned District Judge, Jind vide judgment and decree dated 13.10.2008. However, appellant's counsel did not inform the appellant regarding decision of the appeal. When the appellant approached his counsel in the lower appellate court on 24.04.2009, only then the appellant was informed that appeal preferred by the respondents herein had been allowed. The appellant applied for certified copies of judgment and decree dated 13.10.2008 and the same were supplied to him on 25.04.2009. The appellant then contacted his counsel in the lower court to get all the documents of the case, but the counsel mistakenly placed the documents in some other brief and ultimately, the documents were given to the appellant on 23.03.2010 only and thereupon the instant appeal was filed on 25.03.2010.

(3.) I have heard learned counsel for the applicant-appellant and perused the case file.